Code Text

Penal Code - PEN

PART 2. OF CRIMINAL PROCEDURE [681 - 1620]

TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5]

( Title 10 enacted 1872. )

CHAPTER 1. Bail [1268 - 1320.6]

( Chapter 1 enacted 1872. )

ARTICLE 10. Violations [1320 - 1320.6]

( Article 10 added by Stats. 1979, Ch. 873, Sec. 13. )

1320.

(a) Every person who is charged with or convicted of the commission of a misdemeanor who is released from custody on his or her own recognizance and who in order to evade the process of the court willfully fails to appear as required, is guilty of a misdemeanor. It shall be presumed that a defendant who willfully fails to appear within 14 days of the date assigned for his or her appearance intended to evade the process of the court.

(b) Every person who is charged with or convicted of the commission of a felony who is released from custody on his or her own recognizance and who in order to evade the process of the court willfully fails to appear as required, is guilty of a felony, and
upon conviction shall be punished by a fine not exceeding five thousand dollars ($5,000) or by imprisonment pursuant to subdivision (h) of Section 1170, or in the county jail for not more than one year, or by both that fine and imprisonment. It shall be presumed that a defendant who willfully fails to appear within 14 days of the date assigned for his or her appearance intended to evade the process of the court.